LOCKPORT – Both a discarded handgun and a bag of alleged crack cocaine are legally in evidence against a wheelchair-bound Niagara Falls man who is scheduled for trial next month, Niagara County Judge Sara Sheldon Farkas ruled Wednesday.
Frank D. Murphy, 29, of Walnut Avenue, was indicted on charges of second-degree criminal possession of a weapon and seventh-degree criminal possession of a controlled substance in a July 23 incident in the 600 block of Ferry Avenue.
Two Falls officers testified at a May 21 hearing that they went there to check out a tip line voice mail about a man selling drugs while sitting in a wheelchair.
The man rolled away when police identified themselves, and a loaded handgun fell to the ground as he did so. One officer checked out the gun while the other grabbed the wheelchair, which didn’t get far, and saw an alleged bag of crack in the suspect’s lap. “This was an appropriate stop,” Farkas said in refusing to suppress the evidence.